Legal Question in Civil Litigation in Pennsylvania

Slander?

My sister asked her ex landlord if they could contact the new tenants and ask if it was ok if they leave a few thing there for a couple of days. The landlord's assistant contacted one and they emailed my sister. He said she could. Then he asked if she could answer some questions about the apartment. She emailed him honest answers to his questions. Some were bad and some were good. Now her ex-landlord said she is going to sue her for slandering her and her business. The new tenants moved in any way. Can she sue my sister?


Asked on 9/25/99, 3:36 am

1 Answer from Attorneys

Re: Slander?

These comments are based upon the limited information presented. In the event a suit is filed, please be sure to consult an attorney.

Making UNTRUE comments about one's business is per se slander. By this I mean if you told others the apartments were infested with cockroaches because they aren't properly kept, this would be slanderous. However remember this, TRUTH is always a complete defense.

It your sister was truthful and reasonably objective in her comments, she has nothing to worry about. Even if she wasn't objective and a judge found her comments were not protected, the tenant moved in, so the landlord would be hard pressed to prove any damages, which would make it less likely that she could be on the hook for much.

If sued, she should sue for abuse of process, as it appears the landlord is suing to make an example of her and discourage future tenants from making even honest comments about the apartments. This is refered to as causing a "chilling effect", which judges wish to discourage.

Good luck,

Kevin J. Begley

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Answered on 9/28/99, 1:09 am


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